Sato Ram & Another vs State Of Himachal Pradesh And Others

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Sandeep Sharma, J

By way of instant Execution Petition filed under Rule 16 (1) of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/ execute the judgment/order dated 28.11.2018, passed by erstwhile H.P. State Administrative Tribunal in OA No.6802 of 2018, titled as Sato Ram and another vs. State of Himachal Pradesh and others.

Careful perusal of aforesaid order/judgment (Annexure E-1) alleged to have been violated, reveals that learned Tribunal below having taken note of the statement made by learned counsel representing the petitioners that the case of the petitioners is squarely covered under the judgment dated 28th July, 2010 rendered by this Court in CWP No.2735 of 2010, titled as Rakesh Kumar versus State of Himachal Pradesh and others and the connected matters, disposed of the original application with a direction to the respondents / competent authority to grant benefit of aforesaid judgment to the petitioners, if they are found to be similarly situate, within a period of three months from the date of production of certified copy of the order/judgment. Since, despite there being specific direction to do the needful within a period of three months, respondents have failed to grant the benefit to the petitioners in terms of the judgment passed by this Court in Rakesh Kumar's case supra, petitioners have approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General while accepting notice on behalf of the respondents, states that though he has every reason to believe and presume that by now aforesaid judgment/ order alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of four weeks from today.

Consequently, in view of the fair statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of judgment/order dated 28.11.2018, passed by learned Tribunal below in OA No. 6802 of 2018, positively within a period of four weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/ order, sought to be executed in the instant proceedings.